In 2023, New Mexico passed SB 31, which amended N.M. Stat. § 32A-3A-6, to provide parents and guardians with the right to counsel "prior to the signing and for the duration of a voluntary placement agremeent."
A "voluntary placement agreement" is defined as a "written agreement between the department and the parent or guardian of a child" in the context of a "child or family in need of family services", which is here defined as a family:
(1) whose child's behavior endangers the child's health, safety, education or well-being;
(2) whose child is excessively absent from public school as defined in the Attendance for Success Act;
(3) whose child is abasent from the child's place of residence for twenty-four hours or more without the consent of the parent, guardian or custodian;
(4) in which the parent, guardian or custodian of the child refuses to permit the child to live with the parent, guardian or custodian; or
(5) in which the child refuses to live with the child’s parent, guardian or custodian[.]
N.M. Stat. § 32A-3A-2(A),(I).
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel: categorical Qualified: yes
